How to Recover Money Paid to Stop Foreclosure of the Marital Home Occupied By Your Ex

[lawfacts]

If you have divorced and your ex- was given possession of the marital home, and is supposed to pay the mortgage each month, but your ex- falls behind on payments and you pay off the arrears to prevent foreclosure and to save your own credit, how do you get the money back?

[Mr. Knowitall]

You can ask your ex- to pay you the money. You can sue your ex- for the money. You can seek relief through the divorce court, with the relief available depending upon the terms of the judgment or your ability to enforce the judgment. Keep in mind that you are only going to get money from your ex- if they in fact have money. If they fell behind on the mortgage because they're dead broke, even with a court order for reimbursement... as they say, you can't get blood from a stone.

If it can be done consistent with the order and state law, it may be time to petition for the sale of the home. If your ex- can't afford to live there, the court may be receptive to the idea.